Two Major Changes Applicable to Colorado Wrongful Death Claims

Who May Sue for Wrongful Death?

Prior to 2025, if a person was killed and had no surviving spouse, children, or parents, there was no legal remedy available. No one else had the right to bring a wrongful death action, which meant that individuals or entities responsible for a person’s death could avoid any civil liability—meaning they would not face financial consequences for their negligence.

However, with an amendment to the Colorado Revised Statute set to take effect in 2025, the scope of who may file a wrongful death lawsuit has expanded. Under C.R.S. § 13-21-201(a)(V), the law now states:

“If, at the time of death, there is no spouse, no heir or heirs, and no designated beneficiary, or, if the deceased was an unmarried minor without descendants or an unmarried adult without descendants, and there is no mother and no father of the deceased, then by the sibling or siblings of the deceased or the heir or heirs of the sibling or siblings of the deceased.”

This means that if the deceased person had siblings—or even heirs of siblings—those individuals now have the legal right to file a wrongful death claim. This is a significant shift in the law, as it ensures that someone can seek justice and financial compensation for the loss of a loved one, even in cases where the deceased did not leave behind direct descendants or a spouse.

How Much Can You Sue for?

The amount a party can recover in a wrongful death lawsuit depends on the type of damages sought. One of the primary components of damages in wrongful death cases is non-economic damages, which compensate survivors for:

• Grief

• Loss of companionship

• Pain and suffering

• Emotional distress

In 2024, the cap for non-economic damages in wrongful death cases was $679,990. However, a major change is taking place for claims filed specifically in 2025. Due to new legislation passed by the Colorado legislature and signed into law by the governor, the cap for non-economic damages will increase dramatically to $2,125,000 for wrongful death cases filed in 2025.

This presents a crucial timing consideration:

• If a wrongful death lawsuit is filed in 2025, the potential recovery for non-economic damages is significantly higher.

• If the claim is filed in 2026 or later, the cap reverts back to $679,990—a substantial reduction.

Interestingly, the statute suggests that the cap will once again increase back to $2,125,000 at some point in the future, though the exact framework for these changes should be closely monitored by attorneys handling wrongful death claims.

KEY TAKEAWAYS FOR WRONGFUL DEATH CLAIMS IN COLORADO

1. Expanded Eligibility: Beginning in 2025, siblings and even heirs of siblings can file wrongful death lawsuits if no spouse, children, or parents survive the deceased.

2. Significant Increase in Damages Cap: The cap for non-economic damages jumps to $2,125,000 for claims filed in 2025.

3. Strategic Filing Considerations: Attorneys and claimants must be mindful of when they file a wrongful death claim to maximize the potential recovery.

These changes mark an important evolution in Colorado’s wrongful death laws, providing greater access to justice for families affected by negligence while also significantly increasing the financial stakes for wrongful death litigation.

Contact our experienced wrongful death attorneys today and see if your case qualifies. All wrongful death consultations are free and will leave you with the knowledge you need to move forward.